There’s often a lot on the line in workers’ compensation cases, and being thoroughly questioned by your employers’ legal team can seem unfair when you’re merely trying to get the compensation that you deserve for your injury.
Aside from a few exceptions, employers and their legal representatives are allowed to depose anyone who knows the case, so refusing a deposition generally isn’t an option. Employers have the right to learn all they can about your workplace injury and the context surrounding it, and depositions are often a crucial part of the discovery process. Still, it’s important for injured workers’ to know that they have rights in a deposition and there are limits to what their employer can ask.
The exact questions depend on unique factors, but most defendants in Georgia workers’ compensation cases will want to know the same types of details about your experience. Here are some of the topics you should be prepared to discuss at your deposition:
Basic Background Information
Most workers’ comp depositions begin with your employer asking for some general information about yourself and your personal history, including:
- Place of birth
- Current or past addresses
- Formal education
- Work experience
- Criminal history
- Past lawsuits in which you were involved
This is a big one, as your employer is likely trying to see if you have any past injuries or pre-existing conditions that could be contributing to your current health issues aside from your accident at work. If you have pre-existing injuries or conditions, your employer and their attorneys may try to use them to shift the blame away from the employer.
Details of the Accident
If you experienced a catastrophic work injury and are claiming workers’ comp, your employer will likely try to challenge your account of what happened to disprove their fault. During your deposition, you should expect to be asked about every detail of how your accident occurred. If your employer has any evidence that contradicts your account, this is likely when you’ll hear about it. Objections are noted in workers’ comp depositions, but you will generally still have to answer any questions your employer has.
Your Current Health
Finally, you will be expected to discuss the impact the injury has had on your life to justify your claim. Be ready to go over any medical treatment you had or will receive and any physical limitations that your injury has caused, such as partial or total paralysis, blindness, chronic pain, or any other debilitating setback.
For more information, contact The Law Offices of Darwin F. Johnson today!